Legal Question in Family Law in Connecticut
Child Support Responsibilty of Step-Parents
My husband is currently paying over 75% of his net income towards child support to his ex-wife for two children (both are in their teens). Believing that he is paying too much. I've asked for him to modify this on several occassions, but he has refused in order to not 'stir-up' any trouble with his ex. My husband and I are now expecting twins, and money is getting tighter and tigther as my due date approaches. I currently make twice as much than he does, but b/c of the child support payments - I am literally supporting him.
I've heard that step-parents may be required to pay for child support for their step children. Because of this, I am afraid to push to have my husband modify the child support.
Another point to add is that his ex-wife has been and is co-habitating with another person, and is working. In addition to this, on her application for child support - she indicated that she was not currently working when in fact she was at that time, and still is working.
Q: If I push to have the modification done, is there any way to be sure that I won't end up being held responsible for paying child support to my husband's ex, when I in fact (will) have two new children/babies of my own.
1 Answer from Attorneys
Re: Child Support Responsibilty of Step-Parents
You won't be responsible for his children. However, the fact that you are due with twins doesn't mean he gets to lower his cs payments. After-born children can be used to prevent an increase sought by her, but not used as a reason for a decrease sought by him. The fact that she is now working and is living with someone will affect his cs obligation, but not as much as you think. There's a mathematical formula, but probably only a few percentage points of difference result from the other person's income. There is a big difference in alimony with a job and co-habitation, but I don't know if that applies here. 75% of net seems way out of line for cs. If he has had more than a 15% decrease in income since the cs was last calculated, he has a shot of getting it reduced.
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